Civil Service Code of Standards and Behaviour
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civil service codes.09.08.qxd 05/09/2008 09:23 Page 2
Civil Service Code
of Standards and Behaviour
civil service codes.09.08.qxd 05/09/2008 09:23 Page 3
civil service codes.09.08.qxd 05/09/2008 09:23 Page 4
Civil Service Code of Standards and Behaviour
CIVIL SERVICE CODE
OF STANDARDS AND BEHAVIOUR
As drawn up and promulgated by the Minister for Finance on
9 September 2004 pursuant to Section 10(3) of the Standards
in Public Office Act 2001 and published by the Standards in 1
Public Office Commission (revised edition) in September 2008
pursuant to Section 10(11) of the Standards in Public Office
Act 2001.civil service codes.09.08.qxd 05/09/2008 09:23 Page 5
MISSION OF THE CIVIL SERVICE
The mission of the Civil Service is the achievement of an excellent service
for Government and the other institutions of State as well as for the
2 public as citizens and users of public services, based on principles of
integrity, impartiality, effectiveness, equity and accountability.
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Civil Service Code of Standards and Behaviour
CONTENTS
INTRODUCTION
PART 1 - The Civil Service Code of Standards and Behaviour – An Overview
1. The Code in context
2. The requirements of the Code
3. Application of the Code
PART 2 - Standards Required of Civil Servants
STANDARDS UNDERPINNING SERVICE DELIVERY
4. Impartiality
5. Civil servants and politics
6. Respect for the law
7. Disclosure of information
8. Dealings with the public
9. Criminal convictions 3
BEHAVIOUR AT WORK
10. Attendance and performance
11. Regard for state resources
12. Relations with colleagues
STANDARDS OF INTEGRITY
13. Improper influence
14. Conflicts of interest
15. Disclosure of conflicts of interest
16. Gifts
17. Hospitality
18. Payment for work on behalf of outside bodies
19. Contracts with, purchases from or sales to Government Departments/Offices
20. Acceptance of outside appointments and of consultancy engagement following
resignation or retirement
21. Outside Appointments Board
APPENDIX
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Civil Service Code of Standards and Behaviour
Introduction
The tradition of the Civil Service has been one a high priority to the development of a Code of
of loyal and impartial service for the benefit of Standards and Behaviour for the Civil Service
the country. when it commenced its deliberations. The
development of a new Code recognises
explicitly that, within the major modernisation
To work in the public service is to work for the
programme which is currently underway in the
common good. The traditional values of the
Irish Civil Service, there is a need to restate and
public service - honesty, impartiality and
promote core public service values so as to
integrity - are about serving this common
marry the best of the old with the new. New
5
good. Standards of probity are high and must
systems for providing quality customer service,
be maintained. These values must be the
for devolving responsibility to
basis for the official actions of civil servants.
Departments/Offices and managers, for
managing performance and for using
This Code of Standards and Behaviour for the information technology are all posing
Irish Civil Service is being introduced in challenges to existing policies and practices.
accordance with section 10(3) of the Standards
in Public Office Act 2001.1 It applies to civil
Changes to the regulatory environment and
servants of the Government as well as civil
new Human Resource Management systems
servants of the State and is an important pillar
will also have a major impact on the way the
of the Delivering Better Government
Civil Service operates. To get the best from the
programme. The Human Resources
new ways of doing business, they have to be
Management Working Group, established under
grounded in a public service ethos which sets
the Strategic Management Initiative, accorded
1
”(3) The Minister shall from time to time draw up codes of conduct for the guidance of persons who hold or
occupy directorships or positions of employment in public bodies but before doing so shall consult with the
Commission and such persons representative of those persons as he or she considers appropriate.”civil service codes.09.08.qxd 05/09/2008 09:23 Page 9
out clearly the standards expected and ways in
which people will achieve them.
To underpin the change process, an integrated
approach to the values, standards and
behaviour of civil servants is now being
adopted through this Civil Service Code. The
6 Code sets out a clear framework within which
civil servants must work. It sets out in a single
document the principles which should govern
the behaviour of civil servants and the values
which the Civil Service espouses.
It builds on the principles set out in “The
Ombudsman’s Guide to Standards of Best
Practice for Public Servants”. It is not intended
to be an exhaustive list of guidelines for all
possible eventualities. Individual Departments
and Offices will wish to provide additional
guidance as appropriate for their own staff
relevant to their own particular circumstances.
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Civil Service Code of Standards and Behaviour
Part 1
The Civil Service Code of Standards and Behaviour
An Overview
1. The Code in context • always acting within the law and
Civil servants can be justly proud of the high • performing their duties with efficiency,
standards of conduct which have characterised diligence and courtesy.
their service to the public over many years and
enabled them to carry out the mission of the (b) Observe appropriate behaviour at work by:
Civil Service. The Civil Service Code of • dealing with the public sympathetically,
Standards and Behaviour is an important fairly and promptly and
element of the overall framework within which • treating their colleagues with respect. 7
all civil servants are expected to work. It sets
out the standards required of civil servants in (c) Maintain the highest standards of probity
the discharge of their duties. These standards by:
of behaviour and values will support a high • conducting themselves with honesty,
quality public service, based on high levels of impartiality and integrity;
personal performance and responsibility.
• never seeking to use improper
influence, in particular, never seeking to
use political influence to affect decisions
2. The requirements of the Code
concerning their official positions;
In the performance of their duties civil servants
must: • abiding by guidelines in respect of offers
of gifts or hospitality and
(a) Maintain high standards in service delivery • avoiding conflicts of interest.
by:
• conscientiously, honestly and impartially
serving the Government of the day, the
other institutions of State and the
public;civil service codes.09.08.qxd 05/09/2008 09:23 Page 11
3. Application of the Code unestablished positions and whose
3.1 The provisions of the Code apply to all tenure is coterminous with that of the
staff (i.e. established and unestablished relevant Minister/Attorney General (e.g.
civil servants) whether full-time or personal assistants, special advisors,
employed on an atypical basis (e.g. personal secretaries in offices of
temporary or part-time). They also apply Ministers and civilian drivers of
to staff on forms of special leave including Ministers of State).
career break except where they deal with
8 circumstances which can only arise where 3.2 This Code forms part of the terms of
the staff member is at work. The employment of all civil servants who are
requirements in relation to official secrecy expected to apply it at all times. A copy
will apply to former staff, while must be given to every staff member on
requirements in relation to post- entry to the Civil Service and they will be
retirement/resignation employment will required to certify in writing that they
not apply to civil servants who retired prior have received and read it. The Code will
to promulgation of this Code. Apart from be circulated to all existing staff who will
the provisions in relation to civil servants be required to sign a similar declaration.
and politics the Code also applies to the An opportunity should be given to staff to
posts of obtain clarification on any aspect of the
• Government Press Secretary, Code. Staff induction courses will include
• Deputy Government Press Secretary, instruction on the provisions of the Code.
Breaches of the Code will constitute a
• Assistant Government Press Secretary
breach of the terms of employment of a
and
civil servant and may result in disciplinary
• all Ministerial and Attorney General
action.
Private Office staff holding temporary
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Civil Service Code of Standards and Behaviour
Part 2
Standards Required of Civil Servants
The detailed standards required of civil future Minister or Government
servants in the performance of their official confidence in their integrity and
duties are set out in this part of the Code. The
Code also details specific requirements placed (c) should not display partiality whether
on certain civil servants following their as a result of personal or family ties or
retirement or resignation. otherwise.
Standards Underpinning 9
5. Civil servants and politics
Service Delivery 5.1 Restrictions have traditionally been
The standards which underpin the general imposed on civil servants engaging in
ethos of the Civil Service are set out below: political activity to ensure public
confidence in the political impartiality of
4. Impartiality the Civil Service. This section restates the
Civil servants in the performance of their existing restrictions.
official duties:
5.2 (a) Civil servants are not permitted to seek
(a) must conscientiously serve the duly a nomination or to stand for election
elected Government of the day, the to either House of the Oireachtas or to
other institutions of State and the the European Parliament. This
public; restriction applies to all categories of
staff. Civil servants above clerical level
(b) must advise and implement policy cannot stand for local election.
impartially and, in particular, be
conscious of the need to maintain the (b) Civil servants in the craft and state
independence necessary to give any industrial related grades are free tocivil service codes.09.08.qxd 05/09/2008 09:23 Page 13
engage in politics2 and may stand for except if required to do so as part of their
local election. The general restriction official duties. This is not intended to
in relation to election to either House change existing practice. Civil servants in
of the Oireachtas or the European category (c) may engage in public debate
Parliament applies. on politics only with the prior permission
of their Department/Office. These
(c) Members of the clerical grades in the provisions do not preclude publication by
Civil Service and non-industrial civil civil servants of material on public affairs
servants in grades with salary maxima in accordance with statute or where such
equal to or below the Clerical Officer publication was authorised by the
maximum may apply to their Department/Office.
Department/Office for permission to
engage in politics on the same basis as 5.4 The provisions of Paragraphs 5.1 and 5.2
the staff referred to at (b). Officers do not apply to the posts of Government
employed on particular types of work Press Secretary, Deputy Government Press
10 may, at the discretion of departmental Secretary, Assistant Government Press
management, have their applications Secretary, and all Ministerial and Attorney
refused. In cases where permission General Private Office staff holding
would otherwise be refused, temporary unestablished positions and
Departments/Offices should examine whose tenure is coterminous with that of
the possibility of moving an officer to a the relevant Minister/Attorney General
less sensitive area. (e.g. personal assistants, special advisors,
personal secretaries in offices of Ministers
(d) All civil servants above clerical level and civilian drivers of Ministers of State).
are totally debarred from engaging in
any form of political activity. 6. Respect for the law
6.1 The work of the Civil Service is carried out
5.3 Civil servants in category (d) may not within a framework of law. It is the duty
engage in public debate (e.g. letter writing of civil servants to respect these legal
to newspapers, contributions to television constraints, in particular:
or radio programmes, etc.) on politics,
2
Previously, Department of Finance circulars on politics have used terms such as “political matters”, “matters
of current political interest”, “political action or position”, “political issues” and “political activity”. For the
purposes of this document, the term “politics” is used to cover all of these terms.
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Civil Service Code of Standards and Behaviour
• never to act in a manner which they the FOI procedures applying in their
know, or suspect, is illegal, improper, Departments/Offices.
or unethical or for which they have no
legal authority and 7.2 Particular care should be taken to
• to exercise any discretion conferred by safeguard information concerning the
law in a bona fide manner in private affairs of members of the public or
accordance with the intentions of the concerning the commercial affairs of
statute. companies or organisations which has
been submitted in connection with official
6.2 Civil servants who have doubts about the business on condition, or on the
legality of a particular action which they reasonable assumption, that it would
are required to take in the course of their remain confidential. The FOI Acts
official duties should refer the matter to recognise the importance of protecting
their superiors whose responsibility it is to such information in the normal course
issue a direction on the matter, following from third party access. Where
legal advice where necessary. exceptionally sensitive information of a 11
personal, commercially sensitive or
confidential nature is under consideration
7. Disclosure of information for release in the public interest, the FOI
7.1 All civil servants should ensure that they Acts impose a number of safeguards to
deal with queries from members of the ensure the rights of the person(s)
public in an open and helpful way. Under concerned are fully respected.
the Freedom of Information Acts 1997 and
2003 (FOI Acts), members of the public 7.3 It remains a requirement under the Official
enjoy a legal right of access to information Secrets Act 1963 that all civil servants,
held by Government Departments/Offices including those who are retired or on a
and other public bodies, subject to certain career break, avoid improper disclosure of
exemptions defined in the FOI Acts. information gained in the course of their
Arising from the FOI Acts, certain officers official work. For example, disclosure of
are given explicit responsibility for the information would be likely to be improper
provision of information to members of where a person has not been given
the public on foot of requests under the responsibility to provide information to the
FOI Acts. Civil servants should take public under the FOI Acts, or is not
particular care to inform themselves about otherwise authorised to do so.civil service codes.09.08.qxd 05/09/2008 09:23 Page 15
8. Dealings with the public the Court places the convicted person on
8.1 Civil servants should: probation rather than imprison him or her)
• ensure that members of the public must report that fact to his or her
have their affairs dealt with Personnel Officer. In certain
sympathetically, efficiently and circumstances, this may have implications
promptly; for his or her official position.
• always give their names to any Departments/Offices should exercise
member of the public with whom they discretion in dealing with cases in the light
are dealing, except where given a of all of the merits of each case. In
special exemption, for example, on accordance with the Data Protection Acts
security grounds and 1988 and 2003, such information will be
treated in strict confidence by
• ensure that members of the public are
Departments/Offices and no record of it
dealt with in a respectful manner.
will be kept unless the information is
relevant to the official duties being carried
8.2 Civil servants should:
12 • ensure that their standard of dress is
out by the officer.
appropriate to their work environment;
• show due consideration and respect for
Behaviour at Work
the public, their colleagues and the
office they hold. 10. Attendance and performance
Civil servants are required:
• to attend at work as required and not
9. Criminal convictions to absent themselves from duty
A civil servant who is convicted of a without proper authorisation;
criminal offence or given the benefit of
• to comply with the terms of the sick
the Probation Act when charged with a
leave regulations;
criminal offence (whether the Probation
• at all times, to act in a manner
Act is (i) applied where summary
consistent with the proper
proceedings for an offence are brought,
performance of the functions of their
the case is proven and the Court decides
Civil Service position and with the
not to proceed to conviction or (ii) applied
maintenance of public confidence in
on conviction on indictment of an offence
such performance, including refraining
which is punishable by imprisonment and
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Civil Service Code of Standards and Behaviour
from conduct which might impair themselves or by staff reporting to
performance;3 them.
• to ensure non-discriminatory language
is used in all communications, both
12. Relations with colleagues
internal and external, including display
Civil servants should show due respect for
material and documents in electronic
their colleagues at work, including their
form and
values and beliefs. Civil servants should
• not to engage in any outside business ensure that their behaviour towards other
or occupation during their normal colleagues is appropriate in the
hours of duty (see paragraphs 14 and workplace. Civil servants have a legal
18 below concerning business activities duty not to discriminate against
outside of normal working hours). colleagues on the basis of their gender,
race, sexual orientation, membership of
the traveller community, disability, age,
11. Regard for state resources
11.1 Civil servants should endeavour to ensure
marital status, family status and religious
13
belief. Civil servants should support a
the proper, effective, and efficient use of positive working environment by
public money. observing and supporting the Civil Service
policy on harassment, sexual harassment
11.2 Civil servants are required to: and bullying.
• take proper and reasonable care of
public funds and departmental
property and not to use them, or
permit their use, for unauthorised
Standards of Integrity
4
purposes;
13. Improper influence
• incur no liability on the part of their Civil servants are not allowed to:
employer without proper authorisation • use their official positions to benefit
and themselves or others with whom they
• ensure that expenses, such as travel have personal, family, business or
and subsistence payments, are not other ties;
unnecessarily incurred either by
3
The Civil Service Employee Assistance Service is available to help staff manage personal difficulties which, if
left, might adversely affect their work performance and/or attendance and their quality of life.
4
“De minimis” use of departmental resources, i.e. a use that results in no actual cost to the State, or the cost
to the State is so small as to be insignificant or negligible, is permitted.civil service codes.09.08.qxd 05/09/2008 09:23 Page 17
• seek to influence decisions on matters whose duties are of a professional
pertaining to their official positions character (e.g. doctors, engineers,
except through the established architects, veterinary surgeons, solicitors,
procedures (for example, negotiating etc.) must not engage in private practice
or grievance procedures) or in such in their professions. Any case in which
other manner as the Secretary General the propriety of undertaking a particular
or Head of Office may approve. In business or occupation could reasonably
particular, civil servants must not use be open to question must be referred by
political influence to affect decisions the civil servant concerned to the
concerning their official positions. The Secretary General or Head of Office.
normal Conciliation and Arbitration and
other industrial relations issues apart, 14.2 Civil servants must never seek to use
civil servants are not allowed to solicit, knowledge acquired in the performance
directly or indirectly, for personal of, or as a result of, their official duties to
concessions in their favour. Any breach benefit themselves, or others with whom
14 of these rules may render a civil they have personal, family or other ties.
servant liable to disciplinary action. A civil servant who, in the course of his or
her official duties, comes into contact
with any matter affecting any commercial
14. Conflicts of interest undertaking in which he or she has an
14.1 Civil servants may not at any time interest, must immediately disclose the
engage in, or be connected with, any nature and extent of that interest to the
outside business or activity which would Secretary General or Head of Office.
in any way conflict with the interests of Another civil servant should in the normal
their Departments/Offices, or be course, unless the Secretary General or
inconsistent with their official positions, Head of Office considers it unnecessary,
or tend to impair their ability to carry out be assigned to deal with the matter.
their duties as civil servants. For this
reason, civil servants intending to be 14.3 A civil servant who experiences financial
engaged in or connected with any outside difficulties which may compromise, or be
business or employment should inform reasonably seen by others to compromise,
their Personnel/Human Resources him or her in the performance of his or
Management Section of such an her duties (e.g. through bankruptcy, or
intention. Whole-time civil servants insolvency, or by incurring a significant
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Civil Service Code of Standards and Behaviour
liability to any person, financial institution noted that all civil servants are required
or other body with whom he or she has to observe the provisions of this Code,
official dealings) must report that fact to such as the provisions in relation to the
the Secretary General or Head of Office. acceptance of gifts, which are more
Any such information shall be dealt with stringent than corresponding statutory
in the strictest confidence by the provisions.
Department/Office and the officer
concerned will be offered such assistance 15.2 The positions in the Civil Service which
as is available (for example through the have been designated for the purposes of
Employee Assistance Service) to resolve the Ethics Acts are contained in the Ethics
his or her difficulties. in Public Office (Designated Positions in
Public Bodies) Regulations 1996 (S.I. No.
14.4 A civil servant is not permitted to make 57 of 1996). [NB. the Ethics in Public
representations on behalf of an outside Office (Designated Positions in Public
association or organisation, either as an Bodies) Regulations 2004 (S.I. No. 698 of
individual or as a member of a 2004) revoking S.I. No. 57 of 1996 were 15
delegation, in relation to matters for signed by the Minister for Finance on 3
which his or her Department/Office has November 2004 and come into operation
responsibility except with the specific on 1 January 2005]. In summary,
prior consent of the Head of his or her established civil servants at Principal
Department/Office. Officer level and upwards are affected by
the provisions of the Ethics Acts. The
Ethics Acts also apply to a range of less
15. Disclosure of conflicts of senior positions (e.g. posts dealing with
interest contracts or in commercially sensitive
15.1 Civil servants who occupy positions which areas), and to advisors who are appointed
are "designated positions" for purposes of personally by Ministers, and who serve as
the Ethics in Public Office Acts 1995 and unestablished civil servants for the length
2001 (the Ethics Acts) have certain of their Minister's tenure of office.
statutory obligations in relation to Personnel Officers must notify an officer
disclosure of interests. Those obligations on taking up duty in a designated
are additional to any which apply position of the obligations attaching to
generally to civil servants under the that position.
provisions of this Code. It should becivil service codes.09.08.qxd 05/09/2008 09:23 Page 19
15.3 Civil servants should be furnished with a These local rules should be consistent
copy of the “Guidelines for Public with the general guidelines contained in
Servants concerning the steps to be taken this section. For the purposes of these
by them to assist compliance with the provisions, the term “gift” includes any
provisions of the Ethics in Public Office benefit (other than a benefit dealt with
Acts 1995 and 2001”, published by the under paragraph 18 of the Code) which is
Standards in Public Office Commission. given to a civil servant free of charge or
at less than its commercial price.
16. Gifts • Subject to any rules which the
16.1 Civil servants should not receive benefits Secretary General or Head of Office
of any kind from a third party which may determine, an officer may accept
might reasonably be seen to compromise and retain gifts of modest value (e.g.
their personal judgement or integrity. diaries, pens, etc.). Any gift of more
The overriding concern is that the actions significant value should be refused or,
of civil servants be above suspicion and
16 not give rise to any actual or potential
if such refusal would cause offence,
should be handed over by the civil
conflict of interest, and that their dealings servant concerned to his or her
with commercial and other interests Department/Office.
should bear the closest possible scrutiny.
• A gift, other than a gift of modest
16.2 The receipt of gifts, as distinct from
value, given to a civil servant by virtue
hospitality, by civil servants from those
of his or her official relationship with
with whom they have official dealings
the donor or his or her Department’s
must be governed by the highest
commercial dealings with the donor
standards. The following general
must be regarded as property of the
guidelines provide a framework within
Department/Office concerned.
which decisions in this area can be made
However, benefits under frequent flier
or local rules formulated. Civil servants
schemes may be retained by individual
must abide by these instructions or the
civil servants in recognition of the fact
local rules derived from them.
that official travel is disruptive to
Departments/Offices are required to
personal and family life.
apply these rules on the receipt of gifts or
to make local rules derived from them.
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• Particular care should be taken in to, or receipt of gifts by, civil servants is a
relation to gifts from donors who stand criminal offence punishable by
to derive a personal or commercial imprisonment or fine or both. The Acts
benefit from their relationship with the provide that money, gifts or other
Department/Office concerned. consideration received by a civil servant
from a person holding or seeking to
• Cash, gift cheques or any vouchers that obtain a contract from a Government
may be exchanged for cash may not Department/Office is deemed to have
be accepted regardless of the amount. been received corruptly unless the
contrary is proved.
• Civil servants may not solicit gifts,
directly or indirectly.
17. Hospitality
17.1 It is impossible to lay down definite rules
• Civil servants may not approach any covering the acceptance of hospitality in
business with which they have contact
through their official duties seeking
all circumstances. The overriding concern
17
is that all actions of civil servants in
sponsorship or support for any club, carrying out their official duties be above
charitable organisation, association, suspicion and not give rise to any actual
trade union or other organisation. or potential conflict of interest, and that
Heads of Departments/Offices should their dealings with commercial and other
apply discretion in the application of interests should bear the closest possible
this rule to instances of very small scrutiny. It is accepted that civil servants
patronage. should not be put in a position where
they cannot accept what are regarded as
• Civil servants should not accept special normal courtesies in business
facilities or discounts on private relationships. However, in their contacts
purchases from suppliers with whom with outside organisations or persons,
they have official dealings. every care must be taken by civil servants
to ensure that their acceptance of
hospitality does not influence them, and
16.3 It should be noted that, under the
could not reasonably be seen to influence
Prevention of Corruption Acts 1889 to
them, in discharging their official
2001 as amended by the Ethics in Public
functions.
Office Act 1995, the corrupt giving of giftscivil service codes.09.08.qxd 05/09/2008 09:23 Page 21
17.2 The following general guidelines provide direction. Heads of Departments/
a framework within which decisions in Offices are recommended to issue
this area can be made or local rules guidelines to their own staff having
formulated. Departments/Offices may regard to the offers of hospitality
apply these rules on hospitality or make which are commonly made to staff in
local rules derived from them. their Departments/Offices.
• All offers of hospitality from • Civil servants should not accept offers
commercial interests which have or of hospitality which go beyond the
might have contractual relations with routine practices referred to above,
the Department/Office of the civil except where acceptance of such an
servant to whom the offer is made offer can be clearly shown to be in the
must be reported by that civil servant interest of the Department/Office and
to his or her manager for direction. has been approved by the manager of
the civil servant.
18 • No objection would normally be made
to the acceptance of what is regarded
as routine hospitality, for example, a
18. Payment for work on behalf of
business lunch. What may be regarded
outside bodies
as “routine” for this purpose will
18.1 On occasion civil servants are asked to
depend on a number of factors such as
carry out tasks for which they receive
the value of the hospitality offered, the
payment or other benefit in kind on
frequency of offers, whether there is
behalf of bodies other than their
an element of reciprocity and the
Departments/Offices, as a consequence of
general circumstances in which it is
their official positions. While, in many
offered (for example, whether it is
instances, this practice does not give rise
offered by a company to all its
to problems, there are certain
customers or is directed at specific or
circumstances where difficulties may
potential customers). Certain types of
arise, such as where the task performed
hospitality (for example involving
forms part of the official duties of a civil
travelling abroad or holiday weekends)
servant or is performed during normal
should not be regarded as routine and
working hours.
should always be referred to the
superior of the civil servant for
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18.2 All Departments/Offices should ensure while work related, is not an integral
that they have appropriate standards part of his or her official duties and is
which have been clearly set out and carried on outside of normal working
made known to all staff. The standards hours.
should ensure that there is a consistent,
appropriate and clear standard applied
• The question of whether or not a task
across a Department/Office in relation to
is an integral part of a civil servant’s
the acceptance of payment or other
official duties may normally be
benefit in kind for work carried out on
determined by reference to the
behalf of other organisations. The
relevant work programmes. In case of
following guidelines provide a framework
doubt the civil servant should request
within which decisions in this area can be
his or her manager to determine if the
made or local rules formulated.
task is an integral part of official
duties.
• Where, because of his or her official
position, a civil servant is invited to 19
• In cases where no payment or other
carry out work on behalf of an outside
compensation arises a small token gift
body, he or she shall notify his or her
may be accepted by a civil servant by
Personnel Officer in advance and may
way of recognition.
not seek or retain payment (other than
appropriate travel and subsistence
expenses) or other benefit in kind • Where a civil servant has any doubts
where the proposed activity is part of concerning the propriety of accepting
the civil servant’s duties. Where a any payment or compensation from
payment is made, it should be bodies outside of the Department/
surrendered to the Personnel Officer, Office, the matter should be referred to
who will lodge it to the Department/ a manager for determination in
Office’s account. Any benefit in kind accordance with the guidelines
should be returned to the body in outlined above. If a civil servant is
question. unhappy with the decision of a senior
officer, he or she may appeal the
matter to the Personnel Officer or the
• A civil servant may accept a modest
Secretary General or Head of Office as
payment or benefit in kind if the task,
appropriate.civil service codes.09.08.qxd 05/09/2008 09:23 Page 23
19. Contracts with, purchases from (b) prior sanction has been obtained from
or sales to Government the Department/Office in which the
Departments/Offices transaction arises, following
19.1 A civil servant should not seek contracts consultation with the Department/
with Government Departments or Offices Office in which the civil servant is
for the supply of goods or services (other serving.
than for employment) either for his or
her own benefit, or for any partnership or 19.4 A civil servant who enters into any
company with which he or she has an undertaking, or who holds any outside
involvement in his or her private capacity interest or participates in any outside
or on behalf of other persons or business affecting, or likely to affect, a
organisations. State contract or the purchase or sale of
State property must immediately disclose
19.2 No Department/Office should knowingly the nature and extent of his or her
undertake to contract for the supply of interest to the Secretary General or Head
20 goods or services (other than for of Office. A civil servant should not
employment) with a civil servant or with accept a directorship (except as a
any partnership or company with which a nominee of a Minister) in any company
civil servant has an involvement in his or holding a Government contract or in a
her private capacity. company which may reasonably be
expected to hold such a contract in future.
19.3 No purchase should be made from, and
no sale made to, a civil servant, or any 19.5 Civil servants shall not negotiate or
partnership or company with which a civil arbitrate in any matter affecting a
servant has an involvement in his or her Government contract or the purchase
private capacity in respect of goods or from or sale of goods to the State where,
services unless: in their private capacities, they are
interested either as principals or as
shareholders in a company being one of
(a) the transaction is such as occurs in
the principals in the matter under
the ordinary course of business (e.g.
consideration.
the purchase of Government Supplies
Agency publications or of Savings
Certificates) or
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Civil Service Code of Standards and Behaviour
20. Acceptance of outside Ethics Acts shall not, within twelve
appointments and of months of resigning or retiring from the
consultancy engagement service:
following resignation or • accept an offer of appointment from
retirement an employer outside the Civil Service
20.1 The following provisions are designed to or
foster a culture in which civil servants are • accept an engagement in a particular
fully aware of the potential for conflict of consultancy project,
interest in accepting positions outside the
where the nature and terms of such
Civil Service. It is important to declare to
appointment or engagement could lead
the appropriate authority (see paragraph
to a conflict of interest, without first
20.4) such potential conflicts of interest in
obtaining approval from the appropriate
order to avoid any suspicion that the
authority as outlined at 20.4. Even where
advice and decisions of a serving officer
the twelve months moratorium has
might be influenced by the expectation of
elapsed, or where for other reasons
future employment with a particular firm
approval is not required before taking up
21
or organisation. However, it is not the
outside employment, officers must
intention to place an unnecessary burden
continue to observe the restrictions
on civil servants in this regard and it is
imposed by the Official Secrets Act 1963
expected that these provisions will not
as amended by the Freedom of
affect the generality of former civil
Information Acts 1997 and 2003. These
servants joining outside employment.
rules also apply to other persons
designated under the Ethics Acts (for
20.2 Any civil servant intending to be engaged example, special advisors who are
in or connected with (i) any outside appointed personally by Ministers) and to
business with which he or she had official officers in grades below the pay level of
dealings or (ii) any outside business that Principal who, although not serving in a
might gain an unfair advantage over its designated post at the time of their
competitors by employing him or her, retirement/resignation, have served in
must inform the appropriate authority of such a post at any stage during the six
such an intention. Additionally, civil months prior to their retirement/
servants who hold positions which are resignation. In such cases, the twelve
“designated positions” for purposes of the month period in which these rules applycivil service codes.09.08.qxd 05/09/2008 09:23 Page 25
will be reckoned from the officer’s last 20.6 Where a Secretary General or Head of
day in the designated post. Office attaches conditions to taking up an
appointment, the civil servant concerned
may refer the decision to the Outside
20.3 In general, Departments and Offices
Appointments Board for review.
should monitor the acceptance of outside
appointments by civil servants and former
civil servants. 20.7 The Secretary General or Head of Office
and the Minister for Finance reserve the
right to take appropriate action in the
20.4 Civil servants who (i) intend to be
event that the provisions of this section
engaged in or connected with any outside
are not complied with.
business in the manner described at
paragraph 20.2 or (ii) who hold
“designated positions” (under the Ethics
Acts) must make their applications as 21. Outside Appointments Board
22 follows: 21.1 This Board, established by the Minister for
• Officers below Assistant Secretary level Finance, will consist of the Secretary
must apply to the Secretary General or General, Public Service Management and
Head of Office in which they are Development, in the Department of
serving, or have last served before Finance, the Secretary General to the
retirement or resignation; Government, and three other members,
who will not be civil servants or former
• Officers at and above Assistant
civil servants, one of whom will act as
Secretary level must apply to the
Chairman. The Board will, from time to
Outside Appointments Board.
time, outline the detailed basis on which
applications will be assessed and how the
20.5 Applications will be considered by the decisions of the Board may be appealed.
appropriate authority on the basis of
determining whether or not a clear
21.2 The Chairman of the Board shall report
conflict of interest exists. Approval to
annually to Government, through the
take up an appointment or accept an
Minister for Finance, on the performance
engagement may either be unconditional
of the Board, and may from time to time,
or conditions may be attached.
as he or she thinks fit, submit other
reports on the Board’s functions.
Civil Service Code of Standards and Behaviourcivil service codes.09.08.qxd 05/09/2008 09:23 Page 26
Civil Service Code of Standards and Behaviour
Appendix
Summary of the main features of the Probation Act when tried for a
the Code criminal offence, must report that fact to
their Personnel Officer. [Section 9]
• Civil servants must be impartial in the
performance of their duties. [Section 4] • Civil servants are required to attend at
work as required and comply with the
terms of sick leave regulations. [Section
• Civil servants are not permitted to stand
10]
for general or European elections.
However, civil servants in the craft and
state industrial related grades are free to • Civil servants are required to have due
engage in political activity and stand for regard for State resources to ensure
local elections. [Section 5] proper, effective and efficient use of
public money. [Section 11]
• Civil servants must respect the constraints
of the law. [Section 6] • Civil servants should show due respect to 23
their colleagues including their beliefs
and values. [Section 12]
• Under the Freedom of Information Acts
1997 to 2003, members of the public
have a legal right to information held by • The use of their official positions by civil
Government Departments and other servants to benefit themselves or others
public bodies. However, the requirement with whom they have personal or
under the Official Secrets Act 1963 that business ties is not allowed. Civil
civil servants avoid improper disclosure of servants are also forbidden to seek to
information gained in the course of their influence decisions on matters pertaining
work still applies. [Section 7] to their official positions other than
through established procedures. [Section
13]
• Civil servants must maintain high
standards of service in all of their
• Civil servants may not engage in outside
dealings with the public. [Section 8]
business or activity which would in any
way conflict with the interests of their
• Civil servants who are convicted of Departments/Offices. [Section 14]
criminal offences, or given the benefit ofcivil service codes.09.08.qxd 05/09/2008 09:23 Page 27
• Civil servants who occupy “designated for their own benefit or for the benefit of
positions” for the purposes of the Ethics any company with which they may have
Acts have certain statutory obligations in an involvement in a private capacity.
relation to disclosure of interests. These [Section 19]
obligations are additional to any
obligations imposed by the Code.
• Civil servants shall not within twelve
[Section 15]
months of resigning or retiring from the
Civil Service, accept an appointment, or
• Civil servants should not receive benefits particular consultancy project, where the
of any kind from a third party which nature and terms of such appointment
might reasonably be seen to compromise could lead to a conflict of interest or the
their personal judgement or integrity. perception of such, without first obtaining
Departments are required to apply the the approval of the Outside Appointments
rules contained in the Code on the receipt Board or the Secretary General or Head of
of gifts or to make local rules deriving Office as appropriate. Additionally, civil
24 from them. [Section 16] servants who hold positions which are
“designated positions” for the purposes of
the Ethics Acts must, within twelve
• The same principle applies to any
months of resigning or retiring, obtain the
acceptance of hospitality. Within the
approval of the Outside Appointments
general framework of guidelines set out
Board or the Secretary General or Head of
in the Code, every care must be taken to
Office as appropriate before taking up any
ensure that (a) any acceptance of
outside appointment.
hospitality does not influence, or be seen
[Sections 20 and 21]
to influence, the discharging of official
functions [Section 17] and (b) that there
are clear and appropriate standards in
place which have been notified to all staff
in relation to payment for work on behalf
of outside bodies. [Section 18]
• Civil servants must not seek contracts
with Government Departments or Offices
for supply of goods or services whether
Civil Service Code of Standards and Behaviourcivil service codes.09.08.qxd 05/09/2008 09:23 Page 28
civil service codes.09.08.qxd 05/09/2008 09:23 Page 1
Standards in Public Office Commission
18 Lower Leeson Street
Dublin 2
Tel: +353 1 639 5666
Fax: +353 1 639 5684
email: sipo@sipo.gov.ie
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